(DOWNLOAD) "People v. Kimbrough" by Illinois Appellate Court — First District (3Rd Division) Judgment Affirmed ~ eBook PDF Kindle ePub Free
eBook details
- Title: People v. Kimbrough
- Author : Illinois Appellate Court — First District (3Rd Division) Judgment Affirmed
- Release Date : January 20, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
A jury found defendant, Mark S. Kimbrough, guilty of deviate sexual assault, aggravated battery and unlawful restraint. He was sentenced to imprisonment for 10 years. On appeal, he contends (1) that it was reversible error to admit facts of a subsequent crime into evidence and (2) that the State's use of its peremptory challenges to systematically exclude blacks from the jury denied him a fair trial. We affirm. Defendant and the victim were students at a local college in Chicago. The victim is significantly shorter and lighter than defendant. The victim testified that on October 26, 1982, at defendant's request, he and defendant went into the school basement. Once in the basement, defendant asked the victim to fill out a card with his name, address and telephone number for a purported gymnastics class. After the victim complied with the request, defendant put the card in his notebook and asked the victim why he always ""got hard"" in class. Defendant then opened his jacket and showed the victim a pistol, saying, ""I don't want to have to use this."" The victim was then directed into a nearby washroom. Defendant put the pistol to the victim's neck and chest, then put his mouth on the victim's penis and performed fellatio. Afterwards, defendant and the victim left the washroom. Defendant then warned the victim not to discuss the incident with anyone. Thereafter, defendant and the victim had several homosexual encounters over a period covering five to six weeks. On November 29, 1982, the victim told security officers what had happened. That was the first time the victim told anyone what had occurred.
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